Problems with Medical Exam paperwork in Vietnam

[Viking_in_Seattle 0]

My wife had her medical exam and got her visa last July. We were married in September and filed the I-485 paperwork in October. On Nov 16th, USCIS sent a letter to my attorney listing an assortment of problems with the I-693 (Medical Exam and Vaccination Record).

I just became aware of this problem on Dec 31st, when I checked the status of my wife's I-485 application online. The web page said that a letter had been sent on 11/16 and they were awaiting a response. I got a hold of my lawyer yesterday (1-05) and they claimed they just got the letter yesterday (I suspect they got it in November and dropped the ball, but I can't say for certain).

Anyway, we had to go to a local civil surgeon and get another medical examination. My wife had a full check-up in October, so this was ONLY for the I-693. One of the nurses said that they have had a lot of Vietnamese come in over the same issue. Either the medical records aren't making their way to USCIS after they are given to the Consulate (Consulate then gives back a sealed envelope to be given to the border agent on entry to the US), or the exam paperwork is deficient.

It cost me $250 for the new exam. We have to go back on Thursday for part 2 of the exam and pick up the paperwork.

Edited January 6, 2010 by Viking_in_Seattle

[ScottThuy 140]

Wow.. that svcks... I will have to see if Thuy can make copies of the paperwork before it is submitted at the interview...

[lindal24 1]

Is this only in the case of K-1 filers?? I'm just wondering because I don't want to run into any problems like this down the road when we go to file to remove conditions or anything (in 2 yrs)...

Thanks.

[dq2000 1]

ugh...sorry to hear that. When my wife came over we spent ~$400 for her shots, etc. Those civil surgeons make out like bandits in cases like these. Plus, he was a total jerk to us.

[Viking_in_Seattle 0]

Wow.. that svcks... I will have to see if Thuy can make copies of the paperwork before it is submitted at the interview...

Even if the hospital in Vietnam is willing to provide a copy to her, I don't think USCIS would accept your copy, since it isn't in a sealed envelope and could have been tampered with.

The I-485 instructions state that the I-693 isn't necessary for K1 and K-3 visas provided that the I-485 is filed within one year of the overseas exam, and that the overseas exam didn't reveal a Class A medical condition. Thanh's doctor in Vietnam said she passed, and I'm sure she wouldn't have gotten the visa if she had a class A condition.

My attorney said it was easier and quicker to just provide the I-693 rather than argue with USCIS. I have to assume that they didn't get the medical exam paperwork, or it had some issues. I don't know if the VN medical exam paperwork is an I-693, but I doubt it.

Another possibility is they made some sort of clerical error where they are requiring a form (I-693) for our I-485 application that shouldn't be required in our case (K-1 visa).

Edited January 7, 2010 by Viking_in_Seattle

[Anh map 2,098]

Wow.. that svcks... I will have to see if Thuy can make copies of the paperwork before it is submitted at the interview...

As Viking said, not possible. It's a sealed envelope from the hospital to the consulate.

[ScottThuy 140]

As Viking said, not possible. It's a sealed envelope from the hospital to the consulate.

Aw cr@p.. All I saw was a bag that it was all in.. looked like something they would hand out at an expo or a fair... didnt know what was inside...

[Bernie C 24]

Aw cr@p.. All I saw was a bag that it was all in.. looked like something they would hand out at an expo or a fair... didnt know what was inside...

Yeah, the big bag is to carry around the big xray! The rest is "signed, sealed, delivered", DO NOT OPEN!!!! Geez so many more things to look forward to - got to love our gvmt!

[Viking_in_Seattle 0]

UPDATE:

USCIS acknowledged receipt of the evidence (I-693) and has resumed processing our AOS. They said they would make a decision within 60 days. They also approved her work authorization and said we should recceive her EAD within 30 days (about 25 days now). They also approved her travel document, but we don't plan to use that barring a family emergency -- we'll wait for the green card.

I just became aware that we could have gotten her a Social Security card while her K-1 visa was valid -- I had thought we needed to wait for the EAD. Probably not a big deal -- we got married with just 18 days left in the 90 day K1 -- SS probably wouldn't have given her a card with so few days left before her 90 days were up. We could have gotten it before the marriage, but then we would have had the hassle of changing the name later. We'll probably go down to the Social Security office right after receiving the EAD.

I need to get her name on a utility bill to prove residency for a Washington State ID. We have some stringent requirements for proof of residency -- the fact that she is married to a long-time resident of the state makes no difference. They want her name on deeds, utility bills, insurance policies, etc. Of course nearly everything is in my name. I can use a letter from USCIS or the Treasury (Social Security) plus a utility bill to prove residency. Not sure if 2 letters from federal agencies is OK -- instructions aren't clear on this.